The Sun. — London, England, 1810-12-13 00:00:00

1 I • • LAII REPORT. COURT OF CHANCERY, bac. tz. BEFORE THE MASTER OF THE ROLLS., • X. Y. Z; Mr. Suanwin-r. applied.to • his Honour on the part of the. Proprietors of -Coierit Garden Theatre,, tp.wspend an injuntion which had, been'yesterday obtained from the Chancellor by Mr, Morris, of the . Haymarket Theatre, for preventing the aeling of the , • , . i new Farce X. Y. : Z. The faels - uPon , which Sir . ; Satunel,Romilly obtained the injunction were, that, in the year 180., Mr. Morris had..ritered into-part nership with Mr. Colman, in the 'concern of the ~ % • Haymarket Theatre ; and . that there was-.an en gagement between them, that Mr. Colman should write only for the " Haymarket. Theatre." Alter 1 this piece had been given in, notice was sent by Mr. Morris . ; to the Proprietors of Covent- Garden i l Theatre ; that he intended to. , apply for an injunelion ', to.stop the ' representation of it. -They proceeded -;. notwithstanding, and therefore it. was necessary to: f ' make the application. The-Chancellor considering the injury that might result to the Covent Garden i Proprietors, from disappointing the expectations of the Public, allowed the Farce , to- be acted last night ; . bLit granted the injunelion to stop any . further re presentation till he had heard the parties. • . • .Mr. SHADWELL stated,. that. the Covent Garden 4 . Proprietors had. announced the piece for repetition, I , this. evening,: in the hope that the Lord Chancellor, upon..a statement of: the circumstances, would dis solve th i ! injunCtion ; and they-had, done this, be . cause, unless the representation was continued night after, night, the benefit of the Farce - would be al most enti,ely lost to the proprietors, notwithstand ing the- Sum they had paid (or it to Mr. Colman; and the expence they had ,been,put to in bringing it ; forward. , He stated,, that he bad an affidavit of Mr. Hat ris, that .they had . received no. nol ice of the engagenient between Mr. Morris and Mr. Col -1 mm, till they had advanced 2001.• upon acconnt to the latter, and made -preparations for ailing the Farce; and he therefore admitted that the', Proprie tors of Covent. Garden :Theatre stood in the situa tion of purchasers for valuable • consideration with out notice; and. that ale engagements. between Morris kind Colman ought not, in this instances, to a tfed them. The application had been -made this day : at the ,Lord chancellor's.house, but .his Lorcl 7 ship was out of town, and not expeCted to return till late - in :the evening.. They were, therefore, under the necessity of applying to his Honour to interfere so far as to permit, the aging of the piece this night, till they could apply to his Lord , ship. - • . .. The MASTER of the, RoLLs asked whether .he had any power to suspend the Lord Chancellor's in jundion ?'. . Sir SAMUEL RCIMILLy, on the part , of Mr. Morris, agreed' with the Master of . the Rolls, that .his Ho- nour had no anti)°, ity is this case.. ,The Proprietors ,of Covent Garden .rftwatre, he appiehended, bad - need y ery rashly in announcing the. pike for.repe, tition,' atter notice last night of -the Chancellor's , injunction. He bad not heard any proposal from Mr. Shadwell to„account. for his share of the pxotits -to. Mr. Morris, in case he: ultimately succeeded, providectMr.MorristSbOOld : be :disposed to consent upon these terms, thai.the Farce should be perform ;ed to night. - Mr. SHADW ELL said, that they had , no objeCtion tothese terms. , , Sir S. Romit.LY' then 'consented to wave the in ' ihtiCtion for,,one.nighf, .upon the condition stated,' ... observing, however,_ than it wmid. be no,easy mat . ter tp settle •what should be Mi'. Morris's. share ; as it would-±..5..-s necessary to decide how rnaay CiHile Jo See, r.'..Gnitavus Vasa," and how many came to-see - " X. Y. Z." . COURT- OF KING!S BkNCl4,•pie, iv. MARTINDALE V. LOVELL. . This was an'-action brought by the plaintiff, an xteosive paper • manufaCtin.er in the neighbOnr hood of Cambridge, .toreciiver from the defend ant,•the proprietor of Me Statesman evening news paper, the sum of 7501; fur paper 'furnished to the defendant, The delivery of the paper in question, as also the price, - and quantity furnished, were admitted-; but • it was Contended ; that a considerable part of the paper so turuiShed-was disconform to the specimen, and of a very inferior quality,' nay, that to the amount' of ninety-eight reams of it were now• lying in the defendant's Ware-rooms, unfit for ,any use Whatever, the. defendant having objected to the quality,' and the-plaintiff having engaged to take it back, but having, at the same time ; 'requested-ofthe defendan tit) -give - it - vrarehouse room in the mean tittW, the plaintiff= not having room for it in his warehouses, • • - _ For the plaintiff, in - reply, itswas contended,. that the objection as to the quality of the paper, at leAt to the extent contended, -was cafirely . .an..aftpr thought, - the quantity-unfit for use hiving been: se leaed by a Mr. Pickering, at the sight of a friefid.• of each of the parties, and amounting only to four,. bundles. The cause of the remaining 98 reams'of - the paper in the elefendant:s .warehpuses unused, was - to be Vaced to the late rise of the Newspapers ftom'tid. to 00. necessarily requiring Oat the paper served:to the public should be of better quality ; in• addition to which, it was alleged, that lite defendant being also indebted to Messrs. Magnay and Co. for paper, •did not find it- convenient to use any other paper than theirs. - A boy, in the temployment of ~ the defendant, who WAS present when the paper un fit for use was set aside by Pickering, proved, that instead of four, there-were eighteen bundles in this sit , tation; which now lay under the counter at the Statesman Office. • • Lord ELLENBOROUGH left it. to the Jury to. de termine as to, the contradiCtion between the evi dence of •the boy and .of Pickering. In the event of their believing. the testimony of the former, there would be a deduction to be made from ..the plaintitrs demand, to ,the • amount of eigb /teen bundles ; but if they thought that on Pic rel6nce could ,be pinced, then the deduttion trust only- De to the atu.)llot of the of four bundles. The jury' found for the plaintiff—bamages to the amount of his.elaim, minus the value of eighteen bundles - of the paper furnished. , AL EXANDER V. HARRIS. • This was an a ct ion of damages for words spoken. The 'plaintiff is a Jewish broker, alias a Jewish butcher, and the defendant , is an ,attorney of the same nation. . The words .used by die defendant Seemed to be words of passion, arising in the course Of aquarrel, rendered the,more unseemly, from itS, having arisen at a charitable feast of the Jews, held in' the London Tavern, on Sunday, the 7th Janu ary. last. • The epithet applied by,the defendant to the plain tiff was, that which is, .above all others, calculated to excite and call into anion the indignant feelings of a man ; but the only sentiment it awa.kened in the breast of this plaintiff, was an untnanly retort 00 the defendant, referring fins to his own (the de fendant's) sister, for, a vindication again,t such a charge. After a suitable charge float Lord ELLENBO ROFGH, the Jury found for the plainta—Datuages 201. COURT OF COMMON PLEAS, DEC. 11. SLANDER-PENDRILL V.( AITCHINSON. _This was an at.Slion brought by the plaintiff, a boot ' maker, residing in Newgate-street, against the de fendant, one of the same trade, in Butcherhall-lane, _to recover-damages for slander. It appeared that the parties met at the Plough, in Gilispur-street, in November last, to celebrate the acquittal of Mr. Hardy, and "Trial by . lury." When the plaintiff entered the room, be was charged with having seduced a married woman : in answer to which, he said, if he was a seducer, h. had followed the example of the defendant, The latter then !Ose, and used the words"---" You are a thief ; you' have robbed me, and I can prove it." . 'For these words, described to be void of the least . foundation, the plaintiff expecled large damages. The first witness was cross-examined by Mr. .S er 7 jeant EST, who put the following questions,,to prove that all the company had bten makin4 very liberal sacrifice at the shrine of the jolly , God What time did Mr. Pendrill Come into the room ? —Aboutihalf-past ten o'clock. You had been to celebrate the .acquittal of Mr. liardY at the Crown and Anchor Tavern ?—Yes, we bad. ) You had taken your glasSes cheerfully,, drank nine enough I suppose ?—We .took it at diseretion, as every man. should .do., I take it for granted a few bumpers were drank ? —I don't recollect,any bumpers. What, not drink mr. klardy's l health and " by Jury," in .a bumper If you did not, you don't deserve averdict in futurefrom any English Jury. It was contended, on the part .of. the, defendant, that the words were spoken in a moment ,of inebri ation, and that they were not used to convey a charge of felony, It. was also stated, that the de fendant had been deprived of several of his custom ers by the plaintiff, who had formerly lived .with him as a journeyman, and, under all the circum stances, that it was not a case for damages. The Jury found ayerdiat for the plaintitf—Damages IS. GREEN V. BARKER. This was an action of assault and. battery. The plaintiff and defendant were officers in the Customs, and- it: appeared that they had quarrelled respeding some tea in the Custom tiqusq. The plaintiff hav-; ing refused to leave the defendant's office ; a pugk listic contest ensued. The plaintiff was overthrown in the combat, and received a.few blows. Mr. Serjeant COCKELL,OII the part of the dew fendant,-triade a humorous appeal to the Jury. He observed, that in this paltry adion, a few blows of no consequence had been represented as a most-vi olent assault. A learned anatomist and surgeon had been called, and a touch on the pPintiff's shoulder 'was called-a bruise on the scapula ; a blow on- the back a contusion of the spine. The Jury, who 'knew what an English boxing- match' was, would not suffer themselves to he imposed on by anatomi cal terms. The plaintiff bad only received, in the terms of pugilism; two slight hits, one on the back, the other on the shoulder.• What would Big Ben and Johnson have said, - it a -man who had fought a battle, had complained of a blow. on the spine ? They would- have said, " if you fight, you must ex peel blows." The Learned Serjeant concluded by calling on the Jury i , if they were of opinion that the assault was-proved, to give the plaintiff a far thing, in order thar - he might hang it rouncl.bis neck. The Learned Serjeant observed, it would be a good -New Year's Gift—And the plaintiff, by looking at it, would avoid fighting, and say, ‘.‘ if I should get a touch on the spine or scapula, I won't commence an. action, because an English Jury will give me no More than a farthing damages" The Jury, found for the plaintiff—garnages is.. A young Lady, about 22 years of age, in pos session of considerable property, residing with her parents in the neighbourhood of Clapham, eloped on Monday last with a young Gentleman, who for three weeks, previous to/the elopement, had been on a Visit to the family. On'the day they went ofT, the young couple went Our, as was their usual custom, to take their morning' walk, end it was not till the dinner hour that their flight was discovered. Ser vents 'were diipatched in every direaion:to discover, if possible,, the route they had taken, but without effea, t►ll yesterday morning,. when the coachman,. through the information of a post-boy,: traced them to a house in the neighbourhood of Covent-Garden, where it appeared they slept• the night before, and 'from 'which they departed at an early hour in .the morning in a post-chase and four; no further trace of them has vet been discovered. COLOSSAL VEGETATION..---A pear was lately taken: from a tree in the garden' of Mr. Melliogliurst, at Warmfield. Lodge, near Wakefield, which weighs fourteen pounds six ounces, measures 12 inches in the girth, and is $ inches long. di.UN DON. k Printed bRICH Alt D HAltlk S, oz Igo. 4, Martlett.court, Bow-strect 4 ard Prhi flit/ Strx•Ol'l:ic>i, NO. 117, Strai wbure didniriistments, Orders- lot I TIIE CORTES. ~ .~ t ItURSDAY, 'OCTOBER [B. Senor GARCIA'DE HEIZItEROS-00 this day explain- . ed the-yowl - le iihonld give On the first Article of the Report, and which would appear contrary to the opinion he had expressedon a former day. He was tor a free circulation,ot opinion, " tor" said he, " a free Press does not depend' on anterior or posterior Censorship, but or, the free eirculaiion of. men's writings." He agreed .perfetily to the first Article, with the. admission of the word " politica," by which modification religious subjeets,would be ex cepled from discussion, or remain on the same foot tng as .before. • Senor MEX IA observed, that by the French code, a .Perfect was appointed in .rvery department of France, . whose business it was to censure the Press.' Was this example to be followed by thu Cortes ? El Senor LLANERAS read a discourse against the abolition of the preViuus Censorship,. endeay.-. ouring to prove that the Liberty of the Press. I.va.i not only consistent with it, but better. secured by it. Senor ARQUELLES then rose,,and said lie wished to bring ,the matter to a point, for otherwise there would be no_ end to , the discussion. He apprmed Much of Senor Mexia's speech, who ItAd argued from .faCts. The 'Deputy from Majorca .(the. same Senor .Llantras) had said, that with hnnegt tribunals Alipre would be no necessity for a-free Press. He - -perfeetly agreed with that _Deputy, that if .all'men were infallible and incapable of ),vrong, there would be - nu occasion fur any laws whatsoever but, for his.par:t he bad never known but -one class of.men, natnely, such as tliey all were, fallible beings, sub jeet to all the imperfeetions of their common nature. The DepUty for Majorca," continued Senor Ar-. has de'clared that the Inquisition was a proper tribunal for judging what books ought to be perMitted., ,Dues he forget that the library of the Marquis of Vdlena, with all his valuable mint . scripts; r Wras...bur.ut by, a Friarmf. the Court. of John the Second, wlro.,was himself a literary charaCter and a poer;::notwithstanding which, the kingoom was ruled .byittie. favourite Dr. Alvano de Leona Tne,religibuSand 4olitical zeal. against the -Liberty' of the Press did, not abate to the subsequent reigns net7ertheless; upstart ,mistioni governed the nation in the time: oflorique qUartc, Felipe tercero y quarto ; and. never. were so .nurnerous the regulations against the free communication of, our political opinions as in the reign of Charles .the Fourth. Even a pru dent tolerance in _nolitical matters would have pre, served . the ,present cAlamity. we been possessed. of .the, Liberty of the Press, should we have had. its censors i _ and ()or very judges themselves, 'composing the Court of -Godoy, that Court where every thing was sold,_and which.might justly be called the market place of all justice and liberty? . . . . . "'There is nof..a nation :in the world which has not suffered an age of disorders for want pf the li berty of the Press, for one evil which has been pro duced by its excesses. There I rest its claims, and ,I challenge the world ' to deny it." „ . __ . . . . Senor Colonel. GPLFIN said that the Freedom of the Press was just, tr,efrrl.; and necessary, and that they could not go, on one- step without it. .There was no other mode of coining of the public opinion.' A former speaker had asked whit 1,113 s to b.:. done if the Press should bedireded against the Cartes? H would answer, that !the Cortes would derive from - the same advantage which the Pai liatnent .of Eng -12nd derived from the public newspapers, through which. they learned, the . opinion of the people on - theirr. conduo. He said, that-those. who feared'that the_Liberty, of the Pres: would be employed against the charaders of individuals would .do well to -re , collect that .they might equally be injured by the circulation of Itbel& in manuscripts, with this most fatal difference, namely, that in the one case the evil would be manifest, and the powers of defence would. always remain, whereas, in the other the blow is secret, the danger is, unknown, and . ,the means of defence are absulutely.t aken away. It wa's . clear therefore, that the absence of a tree press ,atfortled ,no security to individUals for the prptec,- tiqn characters , of their but on the contrary, by en couraging defamatory manuscripts, subjects them to infinitely greater inconveniences. Oni the conclusion of this speech, Senor Gal legos 'Moved, That - the question should be put to the vote. s• The,Marquis of Vito then rose, and read a long and laboured alga:neut. against "the Liberty - Of the Press. On which Senor lorrero spoke again nearly as follows : "The last speaker ascribes , to me that .I had said that England stood alone by- the Freedom of the Press. This is• -not .correti: I said that England stands by public opinion, which the Liberty of - the PresS prote6ts and fosters, but which is itself routed in the liberty of the subject. On every debate in Parliament the substance •of -the speeches of its Members is immediately' printed and circulated all over the country; and from thence it arises that the poorest peasant in the most wretched village, in En oand has the power, it he has the capacity, of in speding and judging of the conduct of every public man in the realm. . That Member has acknowledge] the beneficial efficacy of- the in England, but denies it .to Spain. affirm , that the efforts of a frte.PresS would be equally beneficial to. Spain, as the baSis of our Government is the same. England has her Par liament—Spain has her Cortes. 'England has het limited Monarchy—Spain is in the act of limiting hers. England has a just division of the three pow• ets, Legislative, Executive, and Judicial—we hafe, just declared the same division. What, then, is there in these two nations, so, allied in charatei - , and so similar in the baSes'.Of their - respeoive Con stitutions, that should confine to England the fits which ate admitted to belong to the Press that country, and prevent our reaping some of the same fruits ? Had we been possessed of the Press in Spain, would so►ne,..Priests have ventured to assett that Charles the Fourth was inspired by God to Fut the, /shed by WILLIAM AR 14 . 4,1 GER SC R . l 1' SoLtli Aloltor, the Papers Lt:iers for the Ictitr Occ. (prist-paid), mus Gocerument into the ..1)0( G ,Any ? 11: liad the Press, God(' ly must have Idler! : as we Icere Without ;V : 4:liiislived• •to perpmate 0U ruin. :I repeat, that had it not been for the decided peac opiniOnOf England,. established •by • the efforts "of • the Press., and .n6ling on a wide and fertile soil of Da' tiOnal e,lucation, England must have perished freed the convulsions ofsher parties. " Should- the King ever entertain the wish, and possess, through the agency of a stronger Executive than we now grant him, the. •means of destroying the Cartes, what • refuge have we ? Whither ace we to fly ? Whither, but to the good opinion of the people of Spain, gained by our own salons, and.dio seipinated bye, the Press ? • • " Had Godoy known the feelings of the Spanish : People, he would hare been deterred .frorp putting many.:crimes; but, amidst fools :and•bad • MeV, while statues were ereting to his fame.. was deceived, and. the nai;or. was nudont. I.ad we.. possessed the Press,. Charles the Fourth woold,not ,have dared to carry on that wretched systm of government which has reduced us so our pres;-_ut ,sitcsation. The power w-hich the Parliaments of England .hold over .their Kings, arises from the knowledge ,which ih people possess of the principles of . those • who compose Parliament, and from the support chef give them:' With this speech the debate on the first article concluded,' after which a warm discussion took place with regard to the mode of voting, and whether it should be public or secret. Some Alegi bers having observed, that in England the gallery. was alwas cleared when the question was pot- by the Spea ker, Senor ARGUELLES stated, that by the standing- orders of, the House, even the discussion was secret, but that the praetice ,was uniforrnly the reverse, fa: England, bad virtue enough to respect the opinion ot the people. - The President having declared that the Session Ifijas closed., tor that day, the votes were not taken unta, the next day, Friday, paober 19th, when the ques 'ion beir)g pat on the.tiyst article.(atuendrd by the, ini!ailmi of the word " politica" as above mention ed),' and the Secretary, writing down the name of eac.ll Member, • there appeared in favour of it 74; against it 32. GUOG.—An old Britiah Publication contains the following aneedote of Admiral Vernon which, of true, was the origin of : the word grog. The, anec 'dote.is this :—The'British sailors had always heel ) accustomed to drink their allowance of brandy or rum, clear—till Admkal Vernon ordered tt,oso under ,his command 0 ; mix it .with water. Tit° innovation gove great offence to the sail ors; ana• for a time, rendered tlte CoMmaniler very, unpo pular among, them. The Admiral at that ti - nrc . wore a grogram coat ; for which reason thry nICI named him " old_grog.7, And, hence, by degrees; the.' mixed ; liquor he,,,constrained /hem to drini; univepakly obtained among them the name of .Whatever may be- the general policy of feign' ers,..they feel it their particular interest tO.loolz of to.the long tried faith of this country as the br 6l security for their . investments; 'and by the last Gr ) C; teriburgh . rrlcels,. large orders have been recelvci, floor) all parts of the C o nti nen t, f ox the purchase State Lottery:Tickets and Shares, all of Ivhich. be, drawn it) one day, on an entirely :bow plan, % 6 15th of February next. LtIRTIIS. On Monday last,...at the Rookery, the Lady of Rich. ler. tEsq, of a Son. The same day, the L a dy o f I saac .Goldstnid, Esq. of 'P' _ tat-'square, st 'a Son. „ On Wednesday, at Beddington, the Lady of Isaac 'M illet ' Esq. of a Daughter. Lately., the. Lady of Newton Dickenson, Esq_ late of t hg Coldstreen Regiment of Guards, °fa Son and Heir. 20 At tiengal, the Princ ess Ens ODe Otha, site of E-w. - . / 0 f 'Roberts,' late Diceaor-General and Commander in Chle . the Army employed in the Indian wars, iu the IbLir(lu° as Islands, 4 a first-born Son. MARRIED: On Tuesday, at Clapham, Charles Webb, Esq. of C ll2f :‘ lane-street, Bedford-square, td Miss Wiltshire, daught er George Wiltshire, Esq. of Ciappain Common. Yesterday, at Maddington, in Wiltshire, lames Wield y' Esq. of the Inner Templ e , to A nne, e ld est d aughter of i orui Hay ter, Esq. of 'Waddington- H ouse. I : nal tin Saturday week, at St. L awrence ' s, Reading, I'4°- Roworth, Esq. of Stratton-street, Piccadilly, to Mary An, second daughter of the Rev. Dr. Valpy. On the zd o f October, at Halifax, Nova Scotia, =- 11 , 61 ,. rf .. Dilkes Byng, Esq. a Captain of the Roy a l N a vy, °l v l i t. phew to the Right lion. Lord Viscount Torrington, t ° ,. ret Jane, daughter of the H on . I. B. Cl ar k e, M em ber 0' Majesty's Council' of Cape ro. 2 14' On Thursday the zigth ul t . et at n Boldre Church, 1 41- mington, Charles Thomas Bodentionn, E sq . son o f C..7; . ,id, ham Esq. of Rotherwas, H e ref or d s hi re , to Eliza daughter of the fate Thomas Weld, Esq. of Lulworth tle, Dorsetehire. COALIWARKET, DEcEmasa SZ. .Ships at Market. . Ships sold. Yrice. 123 Newcastle . . . 84i . ‘IIS. od. to 03s • 4. 32 Sunderland . . . IS . 445, cd. to 5 2 5• 3 Cinders . . . . tY . 295, 6ci. to S ~ PRICE 0 VEST • Bank Stock, Navy s pet Cent 'Ant 4 per Cent. 82 di per Cent. Rest. 66 k 66 per Cent:Cons. shut ' bitsils, L. Ann. t 7 9. t6thsi 1 street, G roryerlor Nu t rc. t be addressed. • STOCAS RDAY. • India Stock, India Bonds, 2os. pt. Excheq. I3ilts, is• 4 5 • ' Omnivm, 5 ; 1 , allS. Imperial 3 per Cent. Coils. for Opening, 6 ^-671 ~-~ tir)w Farr th e Of A Drin +lei d ter. DIED. Lately, Lieutenant Itudhall, of His Majesty's s h ip was ' mada, son.of - the Rev. Mr. Rudhall, of Credito rs - /3 C . gar unfortunately drowned oil Brest, with a boat's crew oft ship, in going to take possession of La Glaneuse privatee.re• of 01 /Saturday last, at Craven-hill, Mrs. Cade, Leadenhall.street, aged 75. On Sunday last, aged 29, at Dorset-place, ClaPhal"; Miss Elizabeth Fladen, daughter of the late Robert On Monday last, at her house at Bow, Mrs. Jar-e aged 61. • • eat? On. Sunday se'nnight, in the prime of life, at his c ent' Elm Park, near Limerick, Hickman Rose, Esq. An" On the zoth tilt - . at Burleigh Wootton, Somerset, our Gill, who, had she lived till the :st of January, lb I' la have been to 3 years of age. She retained she use Orlie culties nearly to the last, and till within two or three nw"' had walked about the-parish.